Appellate Division of the Supreme Court of the State of New York July 9, 1973 (Cahn v. Raimonda)

In an action to recover damages inter alia for alleged malicious prosecution, defendant Joseph Guttman appeals from an order of the Supreme Court, Suffolk County, entered January 24, 1972, which, in granting his motion to dismiss the complaint as against him, pursuant to CPLR 3216 and for unreasonably neglecting to prosecute the action, did so only conditionally, i.e.